State Attorney`s Office Reopens Sunrise Case

The Broward State Attorney`s Office has reopened an investigation into Sunrise politics after being prompted by an inquiry from a member of the governor`s legal staff.

In reopening the case, the State Attorney`s Office may review grand jury transcripts and other secret documents gathered by the U.S. Attorney`s Office and the FBI during a 13-month inquiry of alleged corruption in the city.

Assistant State Attorney Martin I. Jaffe, head of the Organized Crime, Public Corruption and Special Prosecutions unit, initially concluded there was not sufficient evidence and closed the investigation.

The case involved a $15,000 payment made to former Sunrise lobbyist Spike Leibowitz. Councilman Bill Colon complained the payment was illegal, saying Leibowitz did nothing for the money and was hired by Mayor John Lomelo without required City Council approval.

Jaffe said he assigned a prosecutor to review the allegations but put the case on hold in January 1984 after a meeting with federal investigators, who said their investigation in Sunrise would include a review of the payment.

The federal investigation ended in November with indictments against Lomelo, Leibowitz and three others but none of the charges involved the $15,000 payment.

Jaffe said he decided a month later to take no action on Colon`s complaint because the federal investigation found no wrongdoing involving the $15,000 payment.

Dissatisfied with Jaffe`s decision, Colon asked Gov. Bob Graham to appoint a special prosecutor to investigate.

``When he came back and said to me that he was not going to take any action, that`s when I decided the only place I could go for justice in the city of Sunrise was to the governor`s office,`` Colon said Tuesday.

``Now we have to spin our wheels, waste our time and look into this again,`` Jaffe said.

While Graham has not appointed a special prosecutor, a member of his legal staff, Thornton Williams, wrote Jaffe on Dec. 20 and asked about the case.

``I would appreciate you reviewing these allegations and informing me of your conclusions,`` Williams said in the letter.

Jaffe said he was told unofficially by federal authorities that the grand jury did not indict because there were no violations of either federal or state law.

But because grand jury proceedings are secret, Jaffe said he could not get an official statement that no criminal actions were found.

Jaffe said he contacted U.S. Attorney Stanley Marcus, who said he was instructing the prosecutor in the case to seek a special court order allowing Jaffe to review the documents gathered during the federal investigation.

A court order giving Jaffe permission to inspect the documents has not yet been issued.

Jaffe said he is certain, based on informal conversations he has had with federal authorities, that he will find no violations of state law. The only violation there may be is one of city ordinances that limit the mayor`s spending power, he said.